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UPP 192 Instructions - University of Chicago

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Nonresident Alien Tax-Withholding<br />

• Wage payments: In order to receive wages, Nonresident aliens must have a valid US social security<br />

number. Nonresident alien employees must follow special instructions when completing the IRS Form W-4.<br />

Nonresident aliens must list themselves as “SINGLE” (regardless <strong>of</strong> actual marital status), with “1”<br />

allowance, and request an additional amount <strong>of</strong> federal tax to be withheld from each check. Currently this<br />

“additional amount” is $15.29 for employees paid on the biweekly pay schedule, or $33.13 for employees<br />

paid on the monthly pay schedule.<br />

In addition to the Federal tax withholding, the <strong>University</strong> also withholds state income tax. Illinois state tax is<br />

generally withheld at the rate <strong>of</strong> 3%.<br />

• Scholarship or fellowship stipends, and other miscellaneous payments: Scholarship or fellowship<br />

stipends paid to Nonresident aliens are subject to a 14% federal tax-withholding rate. Other miscellaneous<br />

payments to nonresidents are generally subject to a flat 30% federal tax-withholding rate (see TAX<br />

TREATY EXEMPTIONS)<br />

FICA TAX-WITHHOLDING<br />

Social Security tax (also know as FICA) is an employment tax. FICA is withheld only from wage payments,<br />

and is deducted in two components: Old Age, Survivors, Disability Insurance or OASDI (6.20%) and Medicare<br />

(1.45%). FICA taxes will not be withheld from a student's wages when the student is registered and attending<br />

classes at the <strong>University</strong> <strong>of</strong> <strong>Chicago</strong>, and works on a part-time basis.<br />

FICA tax exemption for certain Nonresident aliens: Students who hold F-1 or J-1 classifications are<br />

exempt from FICA tax withholding for the first five calendar years they are in the U.S. Pr<strong>of</strong>essors and<br />

researchers who hold J-1 classification are exempt from FICA tax withholding for the first two calendar years<br />

they are in the U.S. It is the Payroll Department's responsibility to determine which employees should be<br />

subject to FICA tax withholding during a particular calendar year.<br />

Note: The term calendar year refers to the period <strong>of</strong> January 1 through December 31. If you are present in<br />

the U.S. during any part <strong>of</strong> a particular calendar year, that year will count as one calendar year <strong>of</strong> U.S.<br />

presence.<br />

TAX TREATY EXEMPTIONS<br />

Certain international visitors may be able to claim exemption from U.S. taxes based on a tax treaty agreement<br />

between the U.S. and their home country. You should consult IRS Publication 901, U.S. Tax Treaties to see<br />

if a treaty between the U.S. and your country <strong>of</strong> residence actually exists. If a treaty does exist, you should<br />

determine if an article <strong>of</strong> the treaty covers the type <strong>of</strong> payment you will be receiving from the <strong>University</strong>, and if<br />

you will be able to meet all the requirements <strong>of</strong> the treaty. If a tax treaty article does exist, and covers the<br />

type <strong>of</strong> payment you will receive, you may claim the exemption from tax when you file your U.S. income U.S.<br />

tax return treaty (see TAX FILING).<br />

The IRS also allows you to claim tax exemption before the payment is made to you. To claim the exemption<br />

from tax withholding, you must either have a permanent social security number (SSN) or an individual<br />

taxpayer identification number (ITIN). (See note under Wages). Complete and submit the ORIGINAL forms to<br />

the <strong>University</strong> <strong>of</strong> <strong>Chicago</strong> Payroll Department. (Faxed forms are not accepted.)<br />

If you need to claim the exemption from tax-withholding for your:<br />

Wages (i.e. part-time student employment, salaries <strong>of</strong> researchers or pr<strong>of</strong>essors, etc.): Submit IRS Form<br />

8233, Exemption from Withholding on Compensation for the Independent Personal Services <strong>of</strong> a Nonresident<br />

Alien and revenue procedure statement 87-8 or 87-9 (contact Payroll for these forms). Note: Individuals who<br />

have applied for SSN and receiving wages, but not yet received their SSN, can attach a copy <strong>of</strong> the SSN<br />

application to the treaty forms to claim a treaty benefit.<br />

Note: Individuals whom have applied for SSN and receiving wages, but not yet received their SSN, can<br />

attach a copy <strong>of</strong> the SSN application to the treaty forms to claim a treaty benefit.<br />

Rev. 10/01 2 <strong>UPP</strong><strong>192</strong>_Notes

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